Terms and Conditions:
Agreement between user and
Brian's Professional Lawn Care, LLC
The Brian's Professional Lawn Care website is comprised of various
web pages operated by Brian's Professional Lawn Care.
The Brian's Professional Lawn Care website is offered to you
conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the Brian's
Professional Lawn Care website constitutes your agreement to all
such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Brian's Professional Lawn Care reserves the right to change the
terms, conditions, and notices under which the Brian's Professional
Lawn Care website is offered, including but not limited to the
charges associated with the use of the Brian's Professional Lawn
Care website.
LINKS TO THIRD PARTY SITES
The Brian's Professional Lawn Care website may contain links to
other websites ("Linked Sites"). The Linked Sites are not under the
control of Brian's Professional Lawn Care and Brian's Professional
Lawn Care is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. Brian's Professional Lawn
Care is not responsible for webcasting or any other form of
transmission received from any Linked Site. Brian's Professional
Lawn Care is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by Brian's
Professional Lawn Care of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Brian's Professional Lawn Care
website; you warrant to Brian's Professional Lawn Care that you will
not use the Brian's Professional Lawn Care website for any purpose
that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Brian's Professional Lawn Care website
in any manner which could damage, disable, overburden, or impair the
Brian's Professional Lawn Care website or interfere with any other
party's use and enjoyment of the Brian's Professional Lawn Care
website. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or
provided for through the Brian's Professional Lawn Care website.
USE OF COMMUNICATION SERVICES
The Brian's Professional Lawn Care website may contain bulletin
board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at
large or with a group (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you
will not:
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Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
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Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
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Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
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Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
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Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
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Conduct or forward surveys, contests, pyramid schemes or chain letters.
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Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
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Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
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Restrict or inhibit any other user from using and enjoying the Communication Services.
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Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
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Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
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Violate any applicable laws or regulations.
Brian's Professional Lawn Care has
no obligation to monitor the Communication Services. However,
Brian's Professional Lawn Care reserves the right to review
materials posted to a Communication Service and to remove any
materials in its sole discretion. Brian's Professional Lawn Care
reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason
whatsoever.
Brian's Professional Lawn Care reserves the right at all times to
disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole
or in part, in Brian's Professional Lawn Care sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Brian's Professional Lawn Care does not control or endorse
the content, messages or information found in any Communication
Service and, therefore, Brian's Professional Lawn Care specifically
disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Brian's
Professional Lawn Care spokespersons, and their views do not
necessarily reflect those of Brian's Professional Lawn Care.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination. You
are responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO
Brian's Professional Lawn
Care OR POSTED AT ANY Brian's
Professional Lawn Care WEB SITE
Brian's Professional Lawn Care does not claim ownership of the
materials you provide to Brian's Professional Lawn Care (including
feedback and suggestions) or post, upload, input or submit to any
Brian's Professional Lawn Care website or its associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
Brian's Professional Lawn Care, its affiliated companies and
necessary sub licensees permission to use your Submission in
connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Brian's Professional Lawn Care is
under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in Brian's Professional
Lawn Care’s sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Brian's
Professional Lawn Care WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. Brian's Professional Lawn Care AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Brian's
Professional Lawn Care WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
Brian's Professional Lawn Care WEB SITE SHOULD NOT BE RELIED UPON
FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION.
Brian's Professional Lawn Care AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE Brian's Professional
Lawn Care WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. Brian's Professional Lawn Care AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Brian's Professional Lawn Care AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Brian's
Professional Lawn Care WEB SITE, WITH THE DELAY OR INABILITY TO USE
THE Brian's Professional Lawn Care WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE Brian's Professional Lawn Care WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE Brian's Professional Lawn Care WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF Brian's Professional Lawn Care OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE Brian's Professional Lawn Care WEB SITE, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Brian's Professional Lawn Care WEB SITE.
SERVICE CONTACT:
info@brianslawn.com
TERMINATION/ACCESS RESTRICTION
Brian's Professional Lawn Care reserves the right, in its sole
discretion, to terminate your access to the Brian's Professional
Lawn Care website and the related services or any portion thereof at
any time, without notice. GENERAL To the maximum extent permitted by
law, this agreement is governed by the laws of the State of
Arkansas, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in Benton County, Arkansas, U.S.A.
in all disputes arising out of or relating to the use of the Brian's
Professional Lawn Care website. Use of the Brian's Professional Lawn
Care website is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you
and Brian's Professional Lawn Care as a result of this agreement or
use of the Brian's Professional Lawn Care website. Brian's
Professional Lawn Care’s performance of this agreement is subject to
existing laws and legal process, and nothing contained in this
agreement is in derogation of Brian's Professional Lawn Care 's
right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Brian's
Professional Lawn Care website or information provided to or
gathered by Brian's Professional Lawn Care with respect to such use.
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the
user and Brian's Professional Lawn Care with respect to the Brian's
Professional Lawn Care website and it supersedes all prior or
contemporaneous communications and proposals, whether electronic,
oral or written, between the user and Brian's Professional Lawn Care
with respect to the Brian's Professional Lawn Care website. A
printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and
all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Brian's Professional Lawn Care website are:
Copyright 2008-2009 by Brian's Professional Lawn Care, LLC. All
rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or
should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE
NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.